Texada v. Louisiana State Penitentiary

Filing 50

JUDGMENT ADOPTING 49 Report and Recommendations, 47 Report and Recommendations; habeas is DENIED AND DISMISSED WITH PREJUDICE. Signed by Judge Tucker L Melancon on 7/1/10. (crt,McDaniel, C)

Texada v. Louisiana State Penitentiary

Doc. 50

U N IT E D STATES DISTRICT COURT W E S T E R N DISTRICT OF LOUISIANA L A F A Y E T T E DIVISION M a r tin Luther Texada v s. Burl Cain, Warden Civil Action No. 07-0530 Judge Tucker L. Melançon Magistrate Judge C. Michael Hill JUDGMENT F o r the reasons stated in the Report and Recommendation and the Supplemental R e p o r t and Recommendation 1 of the Magistrate Judge previously filed herein [Rec. Docs. 4 7 ; 49], and after an independent review of the record including the objections filed by p e titio n e r, and having determined that the findings and recommendation are correct under th e applicable law; I T IS ORDERED that this petition for writ of habeas corpus is DENIED AND D IS M I S S E D WITH PREJUDICE. THUS DONE AND SIGNED, in chambers, in Lafayette, Louisiana, on this 1 st d a y of July, 2010.

Following the United States Supreme Court's June 14, 2010 decision in Holland v. Florida, 560 U.S. ­, ­ S.Ct. ­, 2010 Wl 2346549 (2010), the magistrate judgment supplemented its Report and Recommendation finding that petitioner's petition for writ of habeas corpus was timely filed based on the requirements of Holland. The court adopted and reaffirmed its prior Report and Recommendation recommending dismissal of petitioner's remaining claims.

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